Bob Goodlatte

Mr. GOODLATTE

Mr. GOODLATTE. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks and include extraneous material on H.R. 4768.

Mr. GOODLATTE. Mr. Chairman, I yield 5 minutes to the gentleman from Texas (Mr. Ratcliffe), the chief sponsor of this legislation and a member of the House Judiciary Committee.

Mr. GOODLATTE. Mr. Chairman, I yield myself such time as I may consume. The need for the Separation of Powers Restoration Act of 2016 to restore balance in our Federal system is clear. The modern Federal administrative state is an institution unforeseen by the Framers of our Constitution and rapidly mushrooming out of control. This legislation takes square aim at one of the biggest roots of this problem, the Chevron Doctrine, under which Federal courts regularly defer to regulatory agencies' self-serving and often politicized interpretations of the statutes they administer. This includes interpretations like those that underlie the EPA's Clean Power Plan and waters of the United States rules. These are just a few examples of rules consciously designed by regulatory agencies to violate Congress' intent. They threaten to wipe out the Nation's key fuel for electric power generation and extend the EPA's permitting tentacles into every puddle in every American backyard. This bill also takes on the related Auer doctrine, under which courts defer to agencies' self-serving interpretations of their own regulations. Auer and Chevron deference work hand in hand to expand the power of Federal bureaucrats to impose whatever decision they want as often as they can, escaping, whenever possible, meaningful checks and balances from the courts. In perhaps the most famous of the Supreme Court's earlier decisions, Marbury v. Madison, Chief Justice Marshall declared for a unanimous Court that ``it is emphatically the province and duty of the Judicial Department to say what the law is.'' Since the Chevron doctrine allows judges to evade interpreting the law, and instead to defer to agencies' interpretations, one must ask: Is Chevron faithful to Marbury and the separation of powers? In the Administrative Procedure Act of 1946, often called the constitution of administrative law, Congress provided for judicial review of agency action in terms that were plain and direct. It stated that ``the reviewing court shall decide all relevant questions of law and interpret constitutional and statutory provisions.'' That standard is consistent with Marbury and the separation of powers. But since Chevron allows judges to escape interpreting statutory provisions themselves, one must ask: Is Chevron unfaithful not only to Marbury and the separation of powers, but also to the Administrative Procedure Act? These are not just academic questions. They are fundamental questions that go to the heart of how our government works and whether the American people can still control it. Judicial deference under Chevron weakens the separation of powers, threatening liberty. It bleeds out of the judicial branch power to interpret the law, transfusing that power into the executive branch. And it tempts Congress to let the hardest work of legislating bleed out of Congress and into the executive branch since Congress knows judges will defer to agency interpretations of ambiguities and gaps in statutes Congress did not truly finish. This leads us down the dangerous slope James Madison warned against in Federalist 47: ``The accumulation of all powers, legislative, executive, and judiciary, in the same hands,'' that ``may justly be pronounced the very definition of tyranny.'' The Separation of Powers Restoration Act of 2016 is timely, bold legislation directed straight at stopping our slide down that dangerous slope. In one fell swoop, it restores the separation of powers by legislatively overturning the Chevron doctrine and the related Auer doctrine. This is reform we must make reality for the good of the American people. I want to thank Representative Ratcliffe for his introduction of this important legislation, and I urge my colleagues to support the Separation of Powers Restoration Act. Mr. Chair, I reserve the balance of my time.

Mr. GOODLATTE

Mr. GOODLATTE. Mr. Speaker, I want to thank both gentlemen from Virginia for their support of this legislation. I rise today to urge passage of H. Con. Res. 138. This resolution would designate the George C. Marshall Museum and the George C. Marshall Research Library in Lexington, Virginia, as the National George C. Marshall Museum and Library. General George Catlett Marshall dedicated his life to public service, serving honorably in the United States Army as Army Chief of Staff during World War II, Special Ambassador to China, Secretary of State, and Secretary of Defense. From his allied plan to storm the beaches of Normandy to his European economic recovery strategy known as the Marshall Plan, his leadership changed the world. The history of the United States and the global community would be a different place if not for the contributions of General Marshall. At the recommendation of former President Harry Truman, the Marshall Foundation was established in 1953. On May 23, 1964, the Marshall Museum and Library was dedicated on the post of the Virginia Military Institute, General Marshall's alma mater. For over 50 years, the Marshall Foundation has devoted its mission to educating the public about the important contributions of General Marshall. The museum has five extensive exhibits and houses General Marshall's 1953 Nobel Peace Prize. The research library collects, preserves, and shares the largest collection of documents pertaining to General Marshall's life. Just this year, the Marshall Foundation reached a huge milestone with the completion of the Papers of George Catlett Marshall. This project began in 1977, with the goal to create a published record of every document that General Marshall produced. The final project consists of seven volumes and includes 4,260 documents spanning over 5,666 pages. In addition to its extensive research work, the Marshall Foundation provides educational opportunities for college students and future military leaders. The Marshall Undergraduate Scholars Program sends college history students to the Marshall Foundation to conduct primary research in the library's archives. The Marshall Army ROTC Award Seminar also provides the top ROTC cadet at each college in the United States the opportunity to participate in a national security conference with fellow award recipients and current Army leaders. The Marshall-Arnold Air Force ROTC Award Seminar provides a similar opportunity to top senior cadets at each college with an Air Force ROTC program. Last year, the Marshall Foundation began the Marshall Legacy Series. This is a 3-year series of exhibits, lectures, and events to showcase General Marshall's contributions during the 20th century and connect those contributions to today's world. This is just a snapshot of the important work the Marshall Foundation conducts to honor and preserve the legacy of General Marshall. I am honored to have such an important facility in my district, the Sixth Congressional District of Virginia. General Marshall once said: ``Sincerity, integrity, and tolerance are, to my mind, the first requirements of many to a fine, strong character.'' I applaud the Marshall Foundation's work in sharing Marshall's vision and character with a new generation of Americans. I urge passage of this resolution to honor one of America's most sincere and distinguished public servants by congressionally designating the museum and library in Lexington, Virginia, as the National George C. Marshall Museum and Library.

Mr. GOODLATTE

Mr. GOODLATTE. Mr. Speaker, I appreciate Chairman Upton's leadership and partnership throughout this important effort. Today is a proud day in our Nation's history. Today the House will complete its work on a comprehensive legislative package to combat the terrible epidemic of opioid abuse, which is ravaging our country. We have all heard the grim statistics. 129 people die every day from drug overdose. That is more than 47,000 a year. These people are our neighbors, friends, and loved ones. They come from all walks of life and all communities. They need our help. Today, the House is answering the call. The conference report we are considering today represents a truly comprehensive response to the opioid epidemic. It includes provisions from 18 bills passed by the House in May and addresses all facets of the epidemic. It permits the government to make grants for purposes of prevention, treatment and recovery, overdose reversal through the use of FDA-approved and appropriately labeled drugs and devices, and law enforcement and investigative purposes. Significantly, the conference report preserves the provisions of the Judiciary Committee's flagship bill, H.R. 5046, which passed this House in May by an overwhelming 413-5 vote. This historic legislation, which was sponsored by Crime Subcommittee Chairman Jim Sensenbrenner, creates a comprehensive Justice Department grant program to help States fight opioid addiction. It authorizes $103 million annually over 5 years for the grant program. It directs precious taxpayer dollars responsibly by leveraging and streamlining existing programs, and it is fully offsetting the legislation in compliance with the House's CutGo proposal. The conference report authorizes this funding for a wide variety of anti-opioid activities, including drug courts which have proven to be highly successful and which I support. In fact, it is my expectation, Mr. Speaker, that drug courts will continue to receive funding levels in future years similar to current funding levels. In addition to H.R. 5046, this conference report contains provisions from three other Judiciary Committee bills, including H.R. 5052, the OPEN Act, which increases the transparency and accountability of the comprehensive opioid abuse grant program in H.R. 5046; H.R. 4985, the Kingpin Designation Improvement Act, which protects classified information from disclosure when a drug kingpin challenges his designation as such in a Federal court; and H.R. 5048, the Good Samaritan Assessment Act, which requires the GAO to study State and local Good Samaritan laws that protect caregivers, law enforcement personnel, and first responders who administer opioid overdose reversal drugs or devices from criminal or civil liability, as well as those who contact emergency service providers in response to an overdose. In addition, the Judiciary Committee moved as part of this package S. 32, the Transnational Drug Trafficking Act. That legislation, which has already been signed into law, improves law enforcement's ability to pursue international drug manufacturers, brokers, and distributors in source nations. Federal prosecutors can now use the important tools in that bill to pursue foreign drug traffickers who are poisoning American citizens. Along with the excellent legislation prepared by our sister committees, spearheaded by Chairmen Upton, Miller, and Kline, these bills make substantial policy changes within the Federal agencies responsible for fighting addiction. They take real steps to address the opioid epidemic and provide real relief for a real problem affecting real Americans. Members of this body should be proud of these accomplishments. I would like to stress, Mr. Speaker, that opposition to this conference report on the basis of funding is wrong and misguided. As I stated, this legislation authorizes $103 million just for Justice Department programs. Under the leadership of Chairmen Rogers, Culberson, Cole, Crenshaw, and Dent, the House Committee on Appropriations has responded admirably to this epidemic by allocating hundreds of millions of dollars in funding for these programs. The CJS appropriations bill contains $103 million in funding for the DOJ program. The Labor/HHS bill, released Wednesday, contains $581 million to address opioid and heroin abuse, which is above even the President's budget request. The Financial Services and General Government bill has funded High Intensity Drug Trafficking Areas and Drug-Free Communities Support Programs at record highs. Nobody can come to this floor and credibly claim that the House is not putting its money where its mouth is. I thank my colleagues for their support and hard work. Yesterday we received a letter signed by 233 addiction stakeholder groups, endorsing the conference report to S. 524. I urge everyone to support this conference report.

Mr. GOODLATTE. Mr. Speaker, I would briefly like to discuss with my friend and partner in this effort, the chairman of the Committee on Energy and Commerce, how the conference report encourages innovation by allowing alternative therapies to qualify for funding while also requiring evaluation and reporting on the effectiveness of all authorized programs. In my district, some nonprofit organizations are using animal- assisted psychotherapy to successfully address mental health and personal development needs, including for veterans, and animals have also helped prison inmates achieve life-changing developments. It is my understanding that these and other alternative therapies are eligible for funding under the grant programs contained in the conference report. And I would ask the gentleman from Michigan: Is that your understanding as well?

Mr. GOODLATTE. I yield to the gentleman from Michigan.

Mr. GOODLATTE

Mr. GOODLATTE. Mr. Chairman, I thank the chairman of the subcommittee. Mr. Chairman, the tragic mass shooting in Florida Sunday morning is but the latest in a string of terror attacks here in America. Sadly, these plots have not been carried out by foreign terrorists but by Americans against Americans, on American soil. We are all searching for the same answer: What motivated Omar Mateen to kill? Investigators are still combing through evidence to determine whether Mateen was in contact with known or suspected terrorists. This amendment prohibits the government from searching data already in its possession, collected lawfully under section 702 of FISA, to determine whether Omar Mateen was in contact with foreign terrorists overseas. Despite the characterization by proponents of the amendment that a search could occur if the government has obtained a FISA or criminal probable cause-based order, the exception does not, in fact, authorize such a query. Section 702 and the other provisions of the FISA Amendments Act are not set to expire until December 31 of next year. The House Judiciary Committee shares the concerns of all here that we protect all Americans' rights under the Fourth Amendment of the United States Constitution. The committee has engaged and will continue to be engaged in robust oversight of the programs operated under the act. A floor amendment to a spending bill debated for 10 minutes is not the appropriate venue for Congress to alter our intelligence gathering capabilities. This complicated issue must be closely examined and appropriately vetted by the committees of jurisdiction. Sunday's deadly attack proves once again that the terror threat has not dissipated. The FBI has roughly 1,000 active ISIS probes in the United States, and these are probes into those we know about. Now is not the time to block the use of a critical investigative tool. Mr. Chairman, I urge my colleagues to oppose this amendment, and I thank the gentleman for yielding.

Mr. GOODLATTE

Mr. GOODLATTE. Mr. Speaker, I was in my District, the Sixth Congressional District of Virginia on Monday, June 13, and Tuesday, June 14, and therefore, missed recorded votes 297 through 303. Had I been present, I would have voted as follows: YES on Recorded Vote 297, to Suspend the Rules and Pass H.R. 4939, the United States-Caribbean Strategic Engagement Act of 2016 YES on Recorded Vote 298, to Suspend the Rules and Pass H.R. 5312, the Network and Information Technology Research and Development Modernization Act YES on Recorded Vote 299, on Ordering the Previous Question YES on Recorded Vote 300, on Agreeing to H. Res. 778, Providing for a combined rule for consideration of H.R. 5053 and H.R. 5293 YES on Recorded Vote 301, to Suspend the Rules and Pass H.R. 5049, the NSF Major Research Facility Reform Act NO on Recorded Vote 302, on a Motion to Recommit with Instructions H.R. 5053, the Preventing the IRS Abuse and Protecting Free Speech Act YES on Recorded Vote 303, on Passage of H.R. 5053, the Preventing IRS Abuse and Protecting Free Speech Act

Mr. GOODLATTE

Mr. GOODLATTE. Mr. Speaker, in rural communities, like those in the Sixth Congressional District of Virginia, the Farm Credit provides a variety of financial services to folks in their own communities. Since 1916, the Farm Credit System has served communities throughout the United States, playing an integral role in helping our country remain the world's greatest producer of food and fiber products while preserving our agricultural heritage. Agriculture is by far the largest industry in the Commonwealth of Virginia, supplying nearly 311,000 jobs and making an economic impact of $52 billion annually. The Farm Credit of the Virginias plays an important part in ensuring this industry continues to grow by providing more than $1.5 billion in financing to rural homeowners, farmers, and landowners in 96 counties in Virginia, West Virginia, and Maryland. It has been a pleasure working with this group over the years. Farm Credit has a decidedly local feel, and it is clear that the representatives know and understand the communities they are serving. As a cooperative, members of the Farm Credit are also the customers and borrowers. They are uniquely invested in ensuring Farm Credit is best serving its borrowers. Whether a farmer is looking to purchase a new piece of equipment, a family is buying a new home, or a new agritourism business is trying to find the capital to take root, the Farm Credit has been there every step of the way, helping families live out the American dream. Thank you to Farm Credit organizations in Virginia and across the country for their hard work on behalf of America's rural communities. Congratulations to the Farm Credit on 100 years of promoting American agriculture.

Mr. GOODLATTE

Mr. GOODLATTE. Mr. Chair, on rollcall No. 210, I was unavoidably detained. Had I been present, I would have voted ``no.'' Amendment No. 6 Offered by Mr. Polis

Mr. GOODLATTE

Mr. GOODLATTE. Mr. Speaker, I yield myself such time as I may consume. It has been quite a week. This week the House has passed 18 bills designed to address various facets of America's opioid epidemic. Most recently, yesterday, the House passed by an overwhelming 413-5 vote the Judiciary Committee's flagship bill. H.R. 5046, which was authored by Crime Subcommittee Chairman Jim Sensenbrenner, creates a comprehensive Justice Department grant program to provide States with the resources needed to fight opioid addiction. It authorizes $103 million a year for 5 years for the grant program. It allocates precious resources responsibly by leveraging and streamlining existing programs and fully offsetting the legislation in compliance with the House's CutGo protocol. In addition to that bill, the House passed four other Judiciary Committee bills this week to address drug abuse and protect American people. H.R. 5052, the OPEN Act, increases the transparency and accountability of the comprehensive opioid abuse grant program in H.R. 5046 by requiring grantees to report on the use of grant funds and requiring a publicly available analysis of whether the grants have achieved their intended purposes. H.R. 4985, the Kingpin Designation Improvement Act, protects classified information from disclosure when a drug kingpin challenges his designation as such in a Federal court. H.R. 5048, the Good Samaritan Assessment Act, requires the GAO to study State and local Good Samaritan laws that protect caregivers, law enforcement personnel, and first responders who administer opioid overdose reversal drugs or devices from criminal or civil liability as well as those who contact emergency service providers in response to an overdose. Finally, S. 32, the Transnational Drug Trafficking Act, improves law enforcement's ability to pursue international drug manufacturers, brokers, and distributors in source nations. I am pleased that the House took up the Senate version of this bill. As a result, that legislation is on its way to the President's desk to be signed into law so that Federal prosecutors can begin using that tool to pursue foreign drug traffickers. Along with the excellent legislation prepared by our sister committees, spearheaded by Chairman Upton, Chairman Miller, and Chairman Kline, four of the Judiciary Committee bills will be included in the House amendment to S. 524, the Senate's Comprehensive Addiction and Recovery Act. As a package, these bills make substantial policy changes at the Federal agencies responsible for fighting addiction. They take real steps to address the opioid epidemic and provide real relief to a real problem affecting real Americans. Members of this body should be proud of these accomplishments. In addition to the committee chairmen I mentioned, I also want to thank Chairman Harold Rogers, who spoke in support of H.R. 5046 yesterday and is a strong ally in the fight against elicit opioid abuse. I have no doubt that he will make every effort during this Congress to provide the critical funding authorized by the bills that have passed the House this week. Mr. Speaker, I look forward to sending this legislation back to the Senate and moving to conference expeditiously. Congressional action to combat the opioid epidemic is sorely needed, and there is bipartisan, bicameral support for these efforts. I thank my colleagues for their support and hard work. I urge everyone to support the House amendment to S. 524. I thank my colleague, the ranking member of the committee, Mr. Conyers, for his hard work on this as well. This truly is a bipartisan effort. I commend all to support this motion to go to conference. I reserve the balance of my time.

Mr. GOODLATTE. Mr. Speaker, on that I demand the yeas and nays.

Mr. GOODLATTE. Mr. Speaker, I do not have any speakers remaining, and I am prepared to close. I reserve the balance of my time.

Mr. GOODLATTE. Mr. Speaker, I yield back the balance of my time.

Mr. GOODLATTE

Mr. GOODLATTE. Madam Chairman, I yield myself such time as I may consume. Today the United States is in the throes of an epidemic of prescription opioid and heroin abuse. Every Member of this body has heard a tragic story about a constituent who has become addicted to opioids, and, tragically, many have lost their lives to the addiction. The statistics are shocking. In 2014, 47,055 Americans died from a drug overdose. Of those deaths, 18,893 were attributable to prescription pain relievers and 10,574 were related to heroin. The number of opioids prescribed nearly tripled from 1991 to 2013. Though the United States has 5 percent of the world's population, Americans consume 80 percent of the global opioid supply. More than half of chronic prescription drug abusers obtain those pills from prescriptions written for them or for friends or family members. In 2014, nearly half a million teenagers used prescription painkillers for nonmedical purposes. My home State of Virginia is not immune to the ravages of opioid addiction. In 1999, approximately 23 people died from abuse of fentanyl, hydrocodone, methadone, and oxycodone, the leading prescription opioids abused. By 2013, that number jumped to 386 prescription opioid deaths, a staggering increase of 1,578 percent. In 2013 alone, deaths attributed to fentanyl use increased by more than 100 percent. Data also shows a sharp rise in heroin deaths in Virginia. In 2010, 49 deaths were attributed to heroin use. By 2013, just 3 years later, that figure had risen to 213, an increase of 334 percent. The number of drug overdose deaths in Virginia surpassed the number of traffic fatalities for the first time in 2014. This is a problem that affects Americans in all regions of the country, across all socioeconomic levels, and one that Congress will address with passage of H.R. 5046, the Comprehensive Opioid Abuse Reduction Act of 2016, and other opioid legislation approved by the House this week. H.R. 5046, sponsored by Crime, Terrorism, Homeland Security, and Investigations Subcommittee Chairman Jim Sensenbrenner, provides resources to States, localities, Indian tribes, and others to help fight the historic problem of opioid abuse. I am pleased to be an original cosponsor of this bill. H.R. 5046 is an important, reasonable piece of legislation that will do a great deal to combat the opioid epidemic. It creates a comprehensive opioid abuse reduction program at the Department of Justice, which will direct Federal resources for drug abuse programs targeted at the opioid problem within our criminal justice system. By styling this as a competitive grant program for opioids, this bill will give States and localities maximum flexibility to attack opioid abuse issues unique to their communities. States will be able to use the grant funds for a variety of important criminal justice programs, including alternatives to incarceration, treatment programs for incarcerated individuals, juvenile opioid abuse, investigation and enforcement of drug trafficking and distribution laws, and significant training for first responders in carrying and administering opioid overdose reversal drugs like naloxone. States will also be allowed to enlist nonprofit organizations, including faith-based organizations, in the fight against opioid abuse. The bill authorizes this new program at $103 million annually over 5 years. Importantly, the comprehensive grant program created by H.R. 5046 is fully offset in accordance with the House CutGo protocol. This means that Congress has successfully directed funds to address the opioid epidemic by taking advantage of existing funding streams to Department of Justice grant programs. The result is no net increase in spending authorizations and no additional burden on the American taxpayer, which is a responsible, good government approach to this epidemic. H.R. 5046 is thoughtful, historic legislation that, once enacted, will help fulfill Congress' duty to protect the American people. I urge my colleagues to support this important bill. I reserve the balance of my time.

Mr. GOODLATTE. Madam Chair, I yield 5 minutes to the gentleman from Wisconsin (Mr. Sensenbrenner), the chairman of the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations of the Committee on the Judiciary, and the chief author of this legislation.

Mr. GOODLATTE. Madam Chairman, it is now my pleasure to yield 2\1/2\ minutes to the gentleman from Kentucky (Mr. Rogers), the chairman of the Committee on Appropriations.

Mr. GOODLATTE. Mr. Chairman, I yield 1 minute to the gentlewoman from California (Ms. Mimi Walters), a member of the Judiciary Committee.

Mr. GOODLATTE. Mr. Chairman, I urge my colleagues to support the amendment. I yield back the balance of my time.

Mr. GOODLATTE. I thank the gentleman for yielding. Mr. Chairman, I commend the gentleman from Michigan for offering this amendment and for his commitment to combating opioid abuse, including joining as an original cosponsor of H.R. 5046. In a recent poll, 62 percent of American teenagers stated that prescription drugs are easy to get from the family medicine cabinet. According to the Drug Enforcement Administration, a full 70 percent of prescription drug medications that are obtained by adolescents are acquired from family, relatives, or friends. According to the National Institute on Drug Abuse, of the 2.4 million people annually who use prescription drugs nonmedically and for the first time, a shocking 800,000 are aged 12 to 17. Often, the drugs are pilfered, which means a child or a visitor takes one or two from a bottle at a time in order to escape detection from a parent or a friend. I urge my colleagues to support this amendment that addresses this problem.

Mr. GOODLATTE. Mr. Chairman, I yield myself such time as I may consume. I thank the gentleman from California and the gentleman from Georgia for offering this amendment. This amendment makes a small but important change to H.R. 5046 to clarify that grants can be used to improve the interoperability of Prescription Drug Monitoring Programs, or PDMPs, which are a valuable tool in combating the opioid epidemic and have been established across the country. This amendment will help medical practitioners see what potentially dangerous medications a patient has received in another State before writing a prescription. I urge my colleagues to support the amendment. Mr. Chairman, I reserve the balance of my time.

Mr. GOODLATTE. Mr. Chairman, at this time, it is my pleasure to yield 1\1/2\ minutes to the gentleman from Pennsylvania (Mr. Meehan).

Mr. GOODLATTE. Mr. Chairman, at this time, it is my pleasure to yield 1\1/2\ minutes to the gentleman from Michigan (Mr. Walberg).

Mr. GOODLATTE. Mr. Chairman, at this time, it is my pleasure to yield 2 minutes to the gentleman from Illinois (Mr. LaHood).